CENSUS REGISTRATION LAW
法令番号: 法律第224号
公布年月日: 昭和22年12月22日
法令の形式: 法律

審議経過

I hereby promulgate the Law for the Revision of the Census Registration Law.
Signed:HIROHITO, Seal of the Emperor
This twenty-second day of the twelfth month of the twenty-second year of Showa (December 22, 1947)
Prime Minister　KATAYAMA Tetsu
Law No.224
CENSUS REGISTRATION LAW CONTENTS
Chapter I. General Provisions
Chapter II. Census Register
Chapter III. Registration in Family-Register
Chapter IV. Notifications
Section I. General Provisions
Section II. Birth
Section III. Recognition
Section IV. Adoption
Section V. Dissolution of Adoptive Relations
Section VI. Marriage
Section VII. Divorce
Section VIII. Parental Power and Guardianship
Section IX. Death and Disappearance
Section X. Resumption of Surname by Surviving Spouse and Dissolution of Matrimonial Relation
Section XI. Disinheritance of Presumptive Successor
Section XII. Entry into Census-Register
Section XIII. Separation from Census-Register
Section XIV. Acquisition or Loss of Nationality
Section XV. Alteration of Name
Section XVI. Transfer of Registered Locality and Establishment of Census-Register
Chapter V. Rectification of Census Registration
Chapter VI. Miscellaneous Provisions
Supplementary Provisions
CENSUS REGISTRATION LAW
Chapter I General Provisions
Article 1.　The business concerning census registration shall be managed by a City mayor, Town headman or Village headman.
Article 2.　No City mayor, Town headman or Village headman may perform his functions with respect to any census registration relating to himself, his spouse, his lineal ascendant or lineal descendant.
Article 3.　The business concerning census registration shall be subject to the supervision of the headman of Judicial Bureau having jurisdiction over the district in which the office of City, Town or Village is situated.
Article 4.　In respect of the areas which constitute regions of the wards of the Metropolis, the provisions of this Law relating to a City, City mayor and City office shall apply with the necessary modifications to a Ward, Ward headman and Ward office respectively. The same excepting the provisions of Art.5, Par.1 shall also apply to the special cities and the cities mentioned in Art.155, Par.2 of the Local Autonomy Law.
Article 5.　All fees to be received in accordance with the provisions of this Law shall belong to the revenue of the City, Town or Village concerned.
The sum to be paid as the fees abovementioned shall be fixed otherwise by Law.
Chapter II Census Register
Article 6.　Any family-register shall be made up for each husband and wife who have their registered locality within the district of a City, Town or Village and their children whose surnames are the same as that of such husband and wife, but in cases where a family-register is newly made up for any person having no spouse, it shall be made up for such person and his children whose surnames are the same as that of such person.
Article 7.　Family-registers shall be bound together and compiled into books.
Article 8.　Every family-register shall be made up in duplicate, the original and the copy thereof.
The original shall be placed at an office of City, Town or Village and the copy shall be kept at a supervising Judicial Bureau or its branch.
Article 9.　Family-register shall be indicated by the full name and registered locality of the person who appears first in the family-register. The same shall also apply after such person has been struck off the family-register.
Article 10.　Any person who. wishes to inspect a census register or to get a copy of or an abstract from a family-register may apply therefor upon paying the fixed fee. The same shall also apply to any person who wishes to get the certification for non-alteration of any of the matters stated in a copy of or an abstract from a family-register and any person who wishes to get the certification in respect of any of the matters registered in a family-register;provided that a City mayor, Town headman or Village headman may refuse the application mentioned in this paragraph only in where he has a reasonable cause therefor.
If such person pay postage in addition to the fixed fee, he may apply for the sending by mail of the copy, abstract or certificate mentioned in the preceding paragraph.
In making a copy, the transcription of any of the matters relating to a person whose registration was already struck off may be omitted, if it is demanded by the applicant.
Article 11.　If a census register or any part trereof has been or is apprehended to be destroyed, the Attorney-General shall order such disposition as to be deemed necessary for its remanufacture or complement;but in case where it has been destroyed, it is necessary to give the public notice thereof.
Article 12.　If all of the contituent members of a family have been struck off the family-register, such family-register shall be detached off from the census register and the family-registers of such kind shall be bound together and compiled into a book, which is to be kept as a Struck-off Census Register.
The provisions of Arts.9 to the preceding Article inclusive shall apply with the necessary modifications to a struck-off census register and a family-register detached off from a census register.
Chapter III Registration in Family-Register
Article 13.　In addition to the registered locality, every family-register shall state the following particulars for each person in the same family:
1.　The full name;
2.　The date of birth;
3.　The cause for which such person is entered in the family-register and the date of the said entrance;
4.　The full names of such person's natural parents and his connection in point of personal relationship with the natural parents;
5.　If such person is an adopted child, the full names of his parents by adoption and his connection in point of personal relationship with the parents by adoption;
6.　In respect of husband and wife, the statement to that effect;
7.　In respect of a person who has been entered in the family-register from another one, the indication of the latter family-register;
8.　Other matters as specified by ordinaince.
Article 14.　The statement of the full names shall be made in the following order:
1.　If husband and wife assume the surname of husband, the husband and if they assume the surname of wife, the wife;
2.　The spouse;
3.　The children.
As between children the priority shall be given according to the order of their birth.
With respect to a person who is to be entered in a family-register for any of the causes occurred after the making up thereof, the entry shall be effected at the end of the family-register.
Article 15.　Any registration in a family-register shall be effected upon a notification, report, application or demand, a copy of a document or of a log-book, or a judicial decision.
Article 16.　If a notification of marriage is given, a new family-rgeister shall be made up for the husband and wife. But this shall not apply if in case the husband and wife assume the surname of husband, the husband, and if they assume the surname of wife, the wife is the person who appears first in the family-register.
In the cases mentioned in the proviso of the preceding paragraph, a wife who assumes the surname of her husband shall be entered in the family-register of the husband and a husband who assumes the surname of his wife shall be entered in the family-register of the wife.
Article 17.　If any person other than the person who appears first in the family-register and the spouse thereof comes to have a child assuming the same surname as that of the said person or an adoptive child, a new family-register shall be made up for the said person.
Article 18.　A child who assumes the surname of its father and mother shall be entered in the family-register of the father and mother.
Except in cases mentioned in the preceding paragraph, a child who assumes the surname of its father shall be entered in the family-register of the father and a child who assumes the surname of its mother shall be entered in the family-register of the mother.
An adopted child shall be entered in the family-register of its parents by adoption.
Article 19.　If a person who has altered his or her surname as a result of marriage or adoption, resumes the surname assumed by such person prior to the marirage or adoption by reason of divorce or dissolution of the adoptive relation or by reason of annulment of the marriage or of the adoption, such person may be entered into the family-register wherein such person was registered prior to the marriage or adoption;provided, however, that if the said family-register has already been removed or if such person declares his or her intention to have a new family-register made up, a new family-register shall be made up.
The provisions of the preceding paragraph shall apply with the necessary modifications in cases where the surname assumed prior to marriage is resumed in accordance with the provisions of Art.751, Par.1 of the Civil Code and where the former surname is resumed in accordance with the provisions of Art.791, Par.3 of the Civil Code.
Article 20.　If a person who is to be entered in another family-register in accordance with the preceding two Articles has the spouse, a new family-register shall be made up for such husband and with, notwithstanding the provisions of the preceding two Articles.
Article 21.　A person who has attained majority may effect separation from the present family-register, provided, however, that this shall not apply to the person who appears first in the family-register and such person's spouse.
If a notification has been given of separation from the present family-register, a new family-register shall be made up.
Article 22.　If registration in a family-register is to be effected for the first time for a person who is not registered in a family-register, excepting a person who is to be entered in the family-register of such person's father or mother, a new family-register shall be made up therefor.
Article 23.　A person who enters in a new or another family-register in accordance with any of the provisions of Arts.16 to 21 inclusive shall be struck off the present family-register. The same shall also apply to a person who has died, or against whom a judicial declaration of disappearance has been made, or who has lost Japanese nationality.
Article 24.　Upon finding that any statement in a family-register is legally not permissible or there is any mistake or omission in respect of the statement, the City mayor, Town headman or Village headman shall, without delay, given notice thereof to the person who had given the notification upon which such statement was made, or to the person to whom the matter notified occurred;but this shall not apply if the aforesaid mistake or omission has been caused through the negligence of the City mayor, Town headman or Village headman.
If the notice mentioned in the preceding paragraph is unable to be given, or, although such notice has been given, no person applies for the rectification of the statement, the City mayor, Town headman or Village headman may, with leave of the supervising Judicial Bureau, rectify the statement. The same shall also apply in the case mentioned in the proviso of the preceding paragraph.
A court or any other governmental authority, a Public Procurator or any other governmental official who has found, in the performance of his duties, that any statement in a family-register is legally not permissible or there is any mistake or omission in respect of the statement, shall, without delay, give notice thereof to the City mayor, Town headman or Village headman whose administrative district includes the registered locality of the family of the person to whom the matter notified occurred.
Chapter IV Notifications
Section I General Provisions
Article 23.　Any notification shall be given in the district within which the family of the person to whom a matter to be notified occurred has been registered or within which the notification-giver is staying.
A notification in respect of a person who has not Japanese nationality shall be given in the district within which such person's temporary residence is situated or within which the notification-giver is staying.
Article 26.　In cases where a notification was received in respect of a person whose registered locality had been unknown or who had not yet been registered anywhere and thereafter the registered locality of such person has become known or such person has been registered in a family-register, the person who gave the notification or the person to whom the matter notified occurred shall;within ten days of his becoming aware of such fact, give the notification thereof to the City mayor, Town headman or Village headman who had accepted the aforesaid notification, indicating the matter formerly notified.
Article 27.　Any notification may be given either in writing or orally.
Article 28.　The Attorney-General may, having regard to the nature of a matter, fix a form in accordance with which the written notification of that matter shall be given.
In the case mentioned in the preceding paragraph, the notification of that matter shall be given in accordance with the form;but this shall not apply in cases where there exists any reason for which non-compliance with the form is rendered imperative.
Article 29.　Any written notification shall be signed and sealed by the notification giver and state the following particulars:
1.　The matter notified;
2.　The date of the notification;
3.　The date of birth and the residence of the notification-giver as well as the indication of the family-register in which he is registered;
4.　If a notification-giver is not the person to whom the matter notified occurred, the full name, the date of birth and the residence of such person, the indication of the family-register in which such person is registered, and the qualification of the notification-giver.
Article 30.　If, by reason of the matter notified, the notification-giver or the person to whom such matter occurred is to be entered in another family-register, the written notification shall contain the indication of the family-register, and in case such person is to be struck off the present family-register, the indication of the said present family-register and also in case a new family-register is to be made up for such person, the statement to that effect together with the cause for the making-up of the new family-register and the new registered locality of such person.
If, by reason of the matter notified, any other person than a notification-giver or the person to whom such matter occurred is to be entered, into other or new family-register, the written notification shall contain in addition to the full name and the date of birth of such person, the matters mentioned in the preceding paragraph according to discrimination as to whether such person is to enter into other family-register or a new family-register is to be made up for such person.
If a new family-register is to be made up for a person other than a notification-giver, it shall be deemed that the new registered locality of such person shall be the same as the former registered locality.
Article 31.　If the person who shall give a notification is a minor or a person adjudged incompetent, it shall be the duty of the person exercising parental power over or the guardian of such person to give that notification in place of him;but notification may be given also by a minor or a person adjudged incompetent.
In cases where a person exercising parental power or a guardian gives a notification, the written notification shall state the following particulars:
1.　The full name, the date of birth and the registered lcoality of the person who is to give the notification;
2.　The reason of the disability of such person;
3.　The statement that the notification-giver is the person exercising parental power or the guardian.
Article 32.　In respect of an act which may be validly conducted by a person under disability without the consent of his legal representative, such person shall give the notification thereof.
If a notification-giver is a person adjudged in competent, a diagnosis which is able to prove his sufficient ability to understand the nature and effect of the matter notified shall be annexed to the written notification.
Article 33.　For the notification of a matter for which witnesses are necessary, the witnesses shall state their dates of birth, the residences and the registered localities in the written notification and shall sign and impress their seals thereon.
Article 34.　If any matter which is prescribed to be stated in a written notification does not exist or is unknown, the statement to that effect shall be contained in the written notification.
No City mayor, Town headman or Village headman shall accept any written notification which fails to contain the statement of any of the matters deemed essentially important.
Article 35.　In addition to the particulars prescribed to be stated by this Law or by other Laws or ordinances, any written notification shall state such particulars as are necessary for bringing out clearly the matters to be registered in a family-register.
Article 36.　In cases where registration in a family-register is to be effected at two or more City offices, Town offices or Village offices, as many written notifications as the number of such offices shall be presented.
If a notification is given at a place outside the district which includes the registered locality of the person to whom a matter to be registered occurred, one more written notification shall be presented in addition to those which shall be presented in pursuance of the provisions of the preceding paragraph.
In the cases mentioned in the preceding two paragraphs, a City mayor, Town headman or Village headman may, if he deems it proper, make copies of the written notification presented, and substitute such copies for the written notifications required.
Article 37.　In order to give the notification of a matter orally, the notification-giver must attend at the appropriate City office, Town office or Village office and state orally the particulars which is to be stated in the written notification of such matter.
The City mayor, Town headman or Village headman shall put the oral statement of the notification-giver in writing, enter the date of the notification in the writing, read it to the notification-giver, and make him sign and impress his seal on the writing.
If, by reason of sickness or for any other causes, the notification-giver is unable to attend personally, he may give the notification by his representative;but this shall not apply to the notification mentioned in Arts.60, 61, 66, 70 to 72 inclusive, 74 and 76.
Article 38.　If, in respect of a matter to be notified, it is necessary to obtain any consent or assent, of a father or mother or any other person, a writing which proves such consent or assent, shall be annexed to the written notification of the matter;but it shall be sufficient for the person who has given the consent or assent, to make the statement to that effect in the written notification verified with such person's signature and sealimpression.
If, in respect of a matter to be notified, it is necessary to obtain the licence of a court or a governmental authority, a copy of the decision or the certificate of such licence shall be annexed to the written notification.
Article 39.　The provisions in, this Law relating to written notifications shall apply with the necessary modifications to the writings mentioned in Art.37, Par.2 and in Par.1 of the preceding Article.
Article 40.　Any Japanese who is in a foreign country may, in accordance with the provisions of this Law, give a notification to the Japanese ambassador, minister or consul residing in the coutry.
Article 41.　If any Japanese who is in a foreign country has, in accordance with the established form of that country, had a document executed in respect of a matter to be notified, he shall, within one month, present a copy of such document to the Japanese ambassador, minister or consul residing in that country.
If no Japanese ambassador, minister or consul resides in that country, a copy of such document shall, within one month, be dispatched to the City mayor, Town headman or Village headman within whose administrative district such person has been registered.
Article 42.　The ambassador, minister or consul who has received papers in accordance with the provisions of the preceding two Articles shall, without delay, send them through the Minister for Foreign Affairs to the City mayor, Town headman or Village headman whose administrative district includes the registered locality of the person to whom the matter to be notified occurred.
Article 43.　The periods of time within which notifications are to be given shall be computed as from the day on which the matter to be notified occurred.
If, in cases where a period of time is to be computed as from the day on which a judicial decision became final and conclusive, that judicial decision has become final and conclusive before it is served or delivered to the party concerned, such period of time shall be computed as from the day on which the service or the delivery is effected.
Article 44.　If a City mayor, Town headman or Village headman has become aware of any person's default of giving a notification, he shall give a peremptory notice to the person bound in duty to give the notification requiring him to do so within a reasonable period fixed by the former.
If the person bound in duty to give the notification fails, to do so within the period fixed in accordance with the preceding paragraph, the City mayor, Town headman or Village headman may further give a peremptory notice fixing therein a reasonable period within which the notification is to be given.
In cases where the peremptory notices mentioned in the preceding two paragraphs are unable to be given or in cases where, although such peremptory notices have been given, the notification required is not given, the provisions of Art.24, Par.2, and in cases where a Court or other governmental authority or a Public Procurator or other governmental official has become aware of any person's default of giving a notification in the performance of his duties the provisions of Par.3 of the same Article, shall respectively apply with the necessary modifications.
Article 45.　If, in cases where a City mayor, Town headman or Village headman has received a notification, he is unable to effect registration in the family-register by reason of any defect in the written notification presented, he shall have it complemented by the person bound in duty to give such notification. In this case, the provisions of the preceding Article shall apply with the necessary modifications.
Article 46.　Even if a notification is given after the lapse of the period of time within which it shall be given, the City mayor, Town headman or Village headman must receive the notification.
Article 47.　A City mayor, Town headman or Village headman shall receive a written notification even after the death of the notification-giver, if it has been sent by mail before his death.
If a written notification has been received in accordance with the provisions of the preceding paragraph, the notification shall be deemed to have been given at the time of the death of the notification-giver.
Article 48.　Any notification-giver may apply for the issue of a certificate of the acceptance or nonacceptance of the notification;but if he applies for the issue of a certificate of acceptance, he must pay a fixed fee.
Any person interested may, only in cases where there exists a special reason therefor, apply for the inspection of the written notification and other papers received by the City mayor, Town headman or Village headman or for the issue of a certificate in respect of any of the particulars stated in such papers. But in case of an application to the City mayor, Town headman or Village headman, a fixed fee must be paid.
The provisions of Art.10, Par.2 shall apply with the necessary modifications to the cases mentioned in the preceding two paragraphs.
Section II Birth
Article 49.　A notification of birth shall be given within fourteen days.
A written notification of birth shall state the following particulars:
1.　The sex of the child born and the discrimination as to whether the child born is a legitimate child or a child who is not legitimate;
2.　The date, the hour and minute and the place of the birth;
3.　The full names of the father and mother and the registered locality of their family, and if either or both of them has or have not Japanese nationality, the statement to that effect;
4.　Other matters as specified by ordinance.
In cases where a medical practitioner, midwife or any other person attended at the birth, a certificate of birth made in accordance with the provisions of ordinance made by the medical practitioner, or the midwife or lastly the other person shall be annexed to the written notification. However, this shall not apply in cases where there are unavoidable reasons.
Article 50.　In order to indicate the name of a child, it is required to use ordinary and plain characters.
The characters which are within the limit of ordinary and plain characters shall be determined by ordinance.
Article 51.　Except in cases where a child is born in any foreign country or any district determined by ordinance, a notification of birth shall be given in the district within which the birth occurred. But if the birth occurred in a train or other means of communication (excepting a ship;the same shall apply hereinafter) a notification shall be given at the place where the mother has got out of such means of communication, and if a child was born on board a ship which keeps no logbook, at the place of first arirval of such ship.
Article 52.　A notification of birth of a legitimate child shall be given by its father, and in case the father is unable to give the notification or in case the father and mother divorced before the bird of a child, by the mother of the child.
A notification of birth of a child who is not legitimate shall be given by its mother.
In case where the persons who shall give the notification in accordance with the preceding two paragraphs are unable to give the notification, such persons as enumerated below shall give the notification in the order of the enumeration:
1.　The co-habitants;
2.　The medical practitioner, midwife or other person who attended at the child-birth.
Article 53.　Even if an action for the denial of the legitimacy of a child has been instituted, the duty to give the notification of the birth of the child shall not be exempted thereby.
Article 54.　In case where the paternity is to be determined by a Court in accordance with the provisions of Art.773 of the Civil Code, the notification of birth of the child in question shall be given by its mother. In this case the reason for which the paternity still remaines undetermined shall be stated in the written notification.
The provisions of Art.52. Par.3 shall apply with the necessary modifications in the case mentioned in the preceding paragraph.
Article 55.　If a child was born during a voyage, the captain of the ship shall, within twenty-four hours, state the particulars enumerated in Art, 49, Par.2 in the log-book and verify it with his signature and seal-impression.
If, after the proceedings mentioned in the preceding paragraph had been taken, the ship arrived at a port in Japan, the captain shall, without delay, send a copy of the log-book concerning the birth to the City mayor, Town headman or Village headman of the port.
If the ship arrived at a port in a foreign country, the captain shall, without delay, send a copy of the log-book concerning the birth to the ambassador, minister or consul residing in that country, and the ambassador, minister or consul shall, without delay, send it through the Minister for Foreign Affairs, to the City mayor, Town headman or Village headman within whose administrative district the family to be entered by the aforesaid child had been registered.
Article 56.　If, in cases where a child was born in a hospital, prison or any other public institution, both of its father and mother are unable to give the notification of the birth, the chief or manager of such public institution concerned shall give the notification.
Article 57.　Any person who found a deserted child or any police-officer who was informed of the finding of a deserted child shall, within twentyfour hours, give information thereof to a City mayor, Town headman or Village headman.
The City mayor, Town headman or Village headman who has received the information mentioned in the preceding paragraph shall give a full name to the deserted child, select the locality of register and state in a record the articles worn or possessed by the child, the place, the date and time as well as other circumstances of the finding, together with the full name, sex, presumptive date of birth and the locality of register of the child. This record, shall be deemed a written notification.
Article 58.　If a deserted child died before the proceedings prescribed in Par.1 of the precednig Article are taken, such proceedings shall be taken together with the notification of its death.
Article 59.　The father or mother of a deserted child shall, if he or she takes back the child, within one month, give the notification of birth and apply for the rectification of the familyregister of the child.
Section III Recognition
Article 60.　A person who wishes to effect recognition of a child shall state the following particulars and give the notification to that effect:
1.　In cases where the recognition is effected by the father, the full name and the registered locality of the mother;
2.　In cases where a dead child is recognized, the date of death of the child and the full name, the date of birth and registered locality of the lineal descendants thereof.
Article 61.　In cases where a child en ventre sa mere is recognized, the written notification of the recognition shall contain the statement to that effect as well as the full name and the registered locality of the mother, and such notification shall be given in the district within which the mother had been registered.
Article 62.　If, for a person who is to become a legitimate child by virtue of the provisions of Art.789, Par.2 of the Civil Code, the father and mother of such person give the notification of the birth stating the person as their legitimate child, such notification shall have the same effect as the notification of the recognition.
Article 63.　If a judgment of judicial recognition has become final and conclusive, the person who had instituted the action therefor shall, within ten days of its becoming final and conclusive, give the notification to that effect, annexing a copy of the judgement. The written notification of the aforesaid matter shall contain the date on which the judgment became final and conclusive.
Article 64.　In the case of recognition by will, the executor of the will shall, within ten days of his assumption of the office, give the notification of the recognition in accordance with the provisions of Art.60 or 61, annexing a copy of the will.
Article 65.　Where a child en ventre sa mere who had been recognized was born still, the person bound in duty to give the notification of the birth shall, within fourteen days of his becoming aware of such fact, give the notification to that effect in the district where the notification of the recognition was given;but in cases where the executor of a will has given the notification prescribed in the preceding Article, the aforesaid notification shall be given by the executor.
Section IV Adoption
Article 66.　A person who wishes to effect adoption shall give the notification to that effect.
Article 67.　In cases where either one of a couple effects an adoption in the name of both of the couple, the reason therefor shall be stated in the written notification.
Article 68.　If an assent to an adoption has been given in accordance with the provisions of Art.797 of the Civil Code, the notification of the adoption shall be given by the person who has given the assent.
Article 69.　The provisions of Art.63 shall apply with the necessary modifications in case where a judgment of annulment of adoption has become final and conclusive.
Section V Dissolution of Adoptive Relation
Article 70.　A person who wishes to effect dissolution of adoptive relation shall give the notification to that effect.
Article 71.　In cases where an agreement of dissolution of adoptive relation has been made in accordance with the provisions of Art.811, Par.2 of the Civil Code, the notification thereof shall be given by the person who has made the agreement.
Article 72.　In cases where dissolution of adoptive relation is effected in accordance with the provisions of Art.811, Par.3 of the Civil Code, the notification thereof may be made only by the adopted child.
Article 73.　The provisions of Art.63 shall apply with the necessary modifications in case where a judgment of judicial dissolution of adoptive relation or of annulment of dissolution of adoptive relation has become final and conclusive.
Section VI Marriage
Article 74.　A person who wighes to effect marriage shall state the following particulars in the written notification and give the notification to that effect:
1.　The surname assumed by husband and wife;
2.　Other matters as specified by ordinance.
Article 75.　The provisions of Art.63 shall apply with the necessary modifications case where a judgment of annulment of a marriage has become final and conclusive.
If a Public Procurator had instituted the action on which the aforesaid judgment was rendered, he shall demand the registration of such judgment in the family-register, without delay after the judgment became final and conclusive.
Section VII Divorce
Article 76.　A person who wishes to divorce shall state the following particulars in the written notification and give the notification to that effect:
1.　The full names of the party who is determined to exercise the parental power and of the child subject to such parental power;
2.　Other matters as specified by ordinance.
Article 77.　The provisions of Art.63 shall apply with the necessary modifications in case where a judgment of judicial divorce or of annulment of divorce has become final and conclusive.
The written notification of divorce mentioned in the preceding paragraph shall state the following particulars:
1.　The full names of the party who has been determined to exercise the parental power and of the child subject to such parental power;
2.　Other matters as specified by ordinance.
Section VIII Parental Power and Guardianship
Article 78.　A person who wishes to determine the parent having parental power by agreement in accordance with the proviso of Art.819, Par.3 or Par.4 of the same Article of the Civil Code, shall give the notification to that effect.
Article 79.　The provisions of Art.63 shall apply with the necessary modifications to the parent having parental power in case a judgment substituting for the agreement mentioned in the proviso of Art.819, Par.3 or Par.4 of the same Article of the Civil Code or a judgment changing the parent having parental power has become final and conclusive, or in case one of father and mother has been adjudged forfeiture of his or her parental power or right of management and the other exercises the said power or right and to the person who has applied for judgment in case where a judgment of annulment of adjudication of forfeiture has become final and conclusive.
Article 80.　A person who declines to exercise the parental power or right of management or wishes to recover it shall give the notification to that effect.
Article 81.　A notification of commencement of guardianship shall be given by the guardian within ten days of his assumption of the office.
The written notification of that matter shall state the following particulars:
1.　The cause for and the date of the commencement of the guardianship;
2.　The date on which the guardian assumed his office.
Article 82.　If a guardian has been changed, his successor shall give the notification to that effect within ten days of his assumption of office. In this case, the provisions of Par.2 of the preceding Article shall apply with the necessary modifications.
Article 83.　In case the guardian is a guardian who has been designated by will, a copy of the will concerning the designation shall be annexed to the written notification.
In case a judgment appointing a guardian has been rendered, a copy of the judgment shall be annexed to the written notification.
Article 84.　A notification of termination of guardianship shall be given by the guardian within ten days of its termination. The written notification of that matter shall state the cause for and the date of the termination of the guardianship.
Article 85.　The provisions in this Section relating to a guardian shall apply with the necessary modifications to a supervisor of guardian or a curator.
Section IX Death and Disappearance
Article 86.　A notification of death shall be given within seven days of the day on which the person bound in duty to give the notification become aware of the death, presenting therewith a diagnosis or a post-mortem examination report.
The written notification of that matter shall state the following particulars:
1.　The date and the hour and minute as well as the place of the death;
2.　Other matters as specified by ordinance.
If no diagnosis or post-mortem examination report is obtainable for an imperative reason, any writing which is able to prove the fact of the death may be substituted therefor. In this case, the reason for which no diagnosis or post-mortem examination report is obtainable shall be stated in the written notification of the death.
Article 87.　The persons enumerated below shall give a notification of death according to the order of the enumeration;but this shall not preclude that the notification is given irrespective of the order:
1.　The relative who was living with the deceased;
2.　The person other than relative who was living with the deceased;
3.　The owner of the house or the land wherein the death occurred or the manager of such house or land.
Article 88.　Any notification of death shall be given in the district within which the death occurred, except in case the death occurred in a foreign country or a district designated by ordinance. But it shall be given, in case the district within which the death occurred is unknown, in the district within which the dead body was found first, in case the death occurred in a train or other means of communication, in the district within which the dead body was brought down from such means of communication, and in case the death occurred on board a ship which keeps no log-book, in the district at which such ship arrived first.
Article 89.　In cases where any person died in consequence of a water calamity, fire or any other disaster, the governmental or public authorities who have made the investigation thereof shall make report of the death to the City mayor, Town headman or Village headman within whose administrative district the death occurred. But in cases where the death occurred in a foreign country or a district mentioned in the preceding Article, the report of the death shall be made to the City mayor, Town headman or Village headman within whose administrative district the deceased has been registered.
Article 90.　If a death-penalty has been executed, the chief of the prison concerned shall, without delay, make report of the death to the City mayor, Town headman or Village headman within whose administrative district the prison is situated.
The provisions of the preceding paragraph shall apply with the necessary modifications to the case where no person undertakes to take the corpse of a person who died during imprisonment. In this case, a diagnosis or post-mortem examination report shall be annexed to the written report given in accordance with the preceding paragraph.
Article 91.　Any of the written reports of the matters mentioned in the preceding two Articles shall state such particulars as are enumerated in Art.86, Par.2.
Article 92.　In cases where the registered locality of the deceased is unknown or it is unable to identify a deceased, the police officer shall prepare the post-mortem inspection record and, without delay, make report of the death to the City mayor, Town headman or Village headman within whose administrative district the death occurred.
If the registered locality of the decreased has become known or it has become able to identify the deceased, the police officer shall, without delay, make the report to that effect.
If any of the persons enumerated in Art.87, Item 1 or 2 identified the deceased after the report of the death mentioned in Par.1 had been made, such person shall give the notification of the death within ten days of the identification.
Article 93.　The provisions of Arts.55 and 56 shall apply with the necessary modifications to the notification of death.
Article 94.　The provisions of Art.63 shall apply with the necessary modifications to the person who has applied for the judgment of judicial declaration of disappearance or of annulment of such declaration in case such judgment has become final and conclusive. In this case the written notification of judicial declaration of disappearance shall state the date on which the period of time fixed in Art.30 of the Civil Code expired.
Section X Resumption of Surname by Surviving Spouse and Dissolution of Matrimonial Relation
Article 95.　A person who wishes to resume the surname assumed by him (or her) in accordance with the provisions of Art.751, Par.1 of the Civil Code shall give the notification to that effect.
Article 96.　A person who wishes to declare the intention that he (or she) will dissolve the matrimonial relation in accordance with the provisions of Art.728, Par.2 of the Civil Code shall give the notification to that effect, stating the full name, registered locality and the date of death of the dead spouse in a written notification.
Section XI Disniheritance of a Presumptive Successor
Article 97.　The provisions of Art.63 shall apply with the necessary modifications to the person who has applied for a judgment of disinheritance of a presumptive successor or annulment thereof in cases where such judgment has become final and conclusive.
Section XII Entry into a Census-Register
Article 98.　A person who wishes to assume the surname of the father or mother in accordance with the provisions of Art.791, Par.1 or 2 of the Civil Code shall give the notification to that effect, stating the full name and the registered locality of such father or mother in a written notification.
Article 99.　A person who wishes to resume the former surname in accordance with the provisions of Art.791, Par.3 of the Civil Code shall give the notification to that effect, stating the date on which such person altered the surname in accordance with the provisions of Par.1 or 2 of the same Article in a written notification.
Section XIII Separation from a Census-Register
Article 100.　A person who wishes to separate from the present family-register shall give the notification to that effect.
In cases where a new registered locality is settled in another City, Town or Village, a copy of the family-register shall be annexed with the written notification.
Article 101.　In cases mentioned in Par.2 of the preceding Article, a notification of separation from the present family-register may be given at the place where such separation has been effected.
Section XIV Acquisition or Loss of Nationality
Article 102.　If an alien is to acquire Japanese nationality by reason of an adoption or a marriage, the original nationality of the acquisitor of Japanese nationality shall be stated in the written notification of the adoption or of the marriage.
Article 103.　If an alien is to acquire Japanese nationality by reason of recognition, the original nationality of the recognized child shall be stated in the written notification of the recognition.
If the person who recognized a child is its father, the written notification shall state the nationality of its mother.
Article 104.　A notification of naturalization shall be given within ten days of the day on which the license thereof was granted.
The written notification of the aforesaid matter shall state the following particulars:
1.　The original nationality of the naturalized person;
2.　The full names and nationalities of the father and mother of such person;
3.　The date on which the license was granted;
4.　Where any person has acquired Japanese nationality in company with the naturalized person, the full name and the date of birth of such person as well as the connection in point of personal relationship between such person and the naturalized person.
If the wife or any of the children of a naturalized person does not acquire Japanese nationality in company with the naturalized person, the reason therefor shall be stated in the written notification of the naturalization.
Article 105.　A notification of loss of Japanese nationality of a person shall be given by the spouse or any of his relatives within the fourth degree of relationship within one month of the day on which he became aware of that fact, upon being annexed with a writing proving the loss of Japanese nationality.
The written notification of the aforesaid matter shall state the following particulars:
1.　The cause for and the date of the loss of Japanese nationality;
2.　If any other nationality has been newly acquired by such person, the statement of that nationality.
Where a person who has lost Japanese nationality is a person who had held Japanese governmental office, a writing whereby it is proved that he ceased to hold such office shall be annexed to the written notification of the loss of Japanese nationality.
Article 106.　A notification of recovery of Japanese nationality shall be given within ten days of the day on which the license thereof was granted.
The written notification of the aforesaid matter shall state the following particulars:
1.　The cause for which and the date on which the recoverer formerly lost Japanese nationality;
2.　The nationality held by such person before his recovery of Japanese nationality;
3.　The date of the aforesaid license;
4.　Where any person has acquired or recovered Japanese nationality in company with the recoverer, the full name and the date of birth of such person as well as the connection in point of personal relationship between such person and the recoverer.
The provisions of Art.104, Par.3 shall apply with the necessary modifications to the notification mentioned in the preceding paragraph.
Section XV Alteration of Name
Article 107.　If the surname is required to be altered by reason of imperative cause, the person who appears first in the family-register and the spouse thereof shall, upon obtaining the leave of the Court of Domestic Relations, give a notification to that effect.
A person who wishes to alter the (given) name by reason of reasonable cause shall, upon obtaining the leave of the Court of Domestic Relations, give a notification to that effect.
Section XVI Transfer of Registered Locality and Establishment of a Census-Register
Article 108.　If it is desired to transfer the registered locality, the person who appears first in the family-register and the spouse thereof shall give a notification to that effect, stating in the written notification the new locality of registration.
In cases where the registered locality is transferred to a place within other City, Town or Village, a copy of the family-register made up for the family shall be annexed to the written notification of the aforesaid matter.
Article 109.　Any notification of transfer of the registered locality may be given in the district which includes the locality whereto the transfer is effected.
Article 110.　Any person for whom there exists no family-register shall give a notification of the establishment of such family-register with leave of the Court of Domestic Relations within ten days of the day on which such leave was granted.
The written notification of the aforesaid matter shall state the date on which the leave for such establishment was granted, in addition to the particulars enumerated in Art.13.
Article 111.　The provisions of the preceding Article shall apply with the necessary modifications to the cases where a notification of the establishment of the family-register is to be given by virtue of a final and conclusive judgment. In this case, a copy of such judgment shall be annexed to the written notification.
Article 112.　Any notification of the establishment of family-register may be given in the district within which such family-register is to be established.
Chapter V Rectification of Census-Registration
Article 113.　If it is found that a statement in a family-register is legally not permissible or there is any mistake or omission in respect of the statement, any person interested may apply for the rectification of the statement, with the leave of the Court of Domestic Relations.
Article 114.　If it is found that an act which is to become effective upon the notification thereof is null and void, after the registration in respect of such act has been effected in a family-register, the person who has given the notification or to whom the matter notified occurred may apply for the rectification of such registration with the leave of the Court of Domestic Relations.
Article 115.　If a judicial decision granting any of the leaves mentioned in the preceding two Articles has been rendered, the rectification of the registration in the family-register shall be applied for, within one month and with the annexation of a copy of the decision.
Article 116.　Where rectification of registration in a family-register is to be effected by virtue of a final and conclusive judgment, the person who had instituted the action on which the judgment was rendered shall, within one month of its becoming final and conclusive, apply for the rectification, annexing a copy of such judgment.
Where a Public Procurator had instituted the aforesaid action, he shall demand for the rectification without delay after the judgment became final and conclusive.
Article 117.　The provisions of Art.25, Par.1, Arts.27 to 32, 34 to 39 and 43 to 48 shall apply with the necessary modifications to an application for rectification of census registration.
Chapter VI Miscellaneous Provisions
Article 118.　Any person who, in respect of a matter concerning census registration, is discontented with a disposition taken by a City mayor, Town headman or Village headman may raise a complaint against it to the Court of Domestic Relations.
Article 119.　The leave mentioned in Art.107, Art.110, Par.1, Art.113 or Art.114 and the complaint mentioned in the preceding Article shall be deemed to be the matters enumerated in (A) of Art.9, Par.1 of the Law of Adjudgment of Domestic Matters with regard to the application of that Law.
Article 120.　Any person who, without any reasonable cause, fails to give any notification or application which he is bound to give within a fixed time shall be liable to an administrative fine not exceeding five hundred yen.
Article 121.　Any person who, in cases where, in accordance with the provisions of Par.1 or 2 of Art.44 (including the case where this Article is applicable with the necessary modifications under Art.117), a City mayor, Town headman or Village headman has given a peremptory notice to give a notification or to present an application within a period of time fixed by him, fails to give the notification or present the application within such time without any reasonable cause shall be liable to an administrative fine not exceeding one thousand yen.
Article 122.　Any City mayor, Town headman or Village headman shall be liable to an administrative fine not exceeding one thousand yen in any of the following cases:
1.　If, without any reasonable cause, he fails to accept any notification or application;
2.　If he neglects to effect any registration in a family-register;
3.　If, without any reasonable cause, he refuses to permit the inspection of Census Register, Struck-off Census Register, or the written notifications as other papers received;
4.　If, without any reasonable cause, he fails to deliver any copy of or any abstract from a family-register or struck-off family-register, any certificates mentioned in Art.10, Par.1 including the case where this Article is applicable with the necessary modifications in Art.12, Par.2 or any of the certificates mentioned in Art.48, Par.1 or 2 (including the case where this Article is applicable with the necessary modifications in Art.117);
5.　If he otherwise neglects to perform any of his duties with respect to any matter concerning census registration.
Article 123.　A judicial decision imposing an administrative fine shall be rendered by the Summary Court.
Article 124.　Any person who gives a false notification in respect of a matter which need not be registered in a family-register shall be liable to imprisonment with hard labour for a term not exceeding one year or a fine not exceeding one thousand yen. The same shall apply also to any person who gives a false notification in respect of a matter relating to a person who has not Japanese nationality.
Article 125.　The matters concerning written notification or the matters necessary for the transactions of business concerning census registration shall be provided for by ordinance, in addition to those prescribed by this Law.
Supplementary Provisions:
Article 126.　This Law shall come into force as from January 1, 1948.
Article 127.　In the perview of this Supplementary Provisions, the new Law shall mean the Family Registration Law after amendment, the old Law, the present Family Registration Law;the new Civil Code, the Law for Partial Amendment of the Civil Code which shall come into force as from the same day as that of the enforcement of this Law;the old Civil Code, the present Civil Code;and the Emergent Measures Law, the Law No.74 of 1947.
Article 128.　The family-registers made up in accordance with the provisions of the old Law shall be deemed to have been made up in accordance with the provisions of the new Law. However, if ten years have elapsed as from coming into force of this Law, the family-registers made up in accordance with the provisions of the old Law shall be revised under the new Law pursuant to the provisions specified by ordinance.
The registered locality selected pursuant to the old Law shall be deemed to have been selected pursuant to the new Law.
Article 129.　In respect of the case to which the old Civil Code is applicable, the provisions of the old Law shall remain applicable even after coming into force of the new Law.
Article 130.　The provisions of the new Law shall be applicable even in cases where a registration is to be made in a family-register or a new family-register is to be made up by reason of a notification given or other cause occurred before coming into force of the new Law.
Article 131.　In cases where a new family-register is to be made up for any person who is registered in the family-register mentioned in Art.128, Par.1, any child who is registered in the family-register mentioned in the said paragraph and has assumed continuously the same surname as that of such person shall be entered in the new family-register;provided, however, that this shall not apply to cases where such child has the spouse or a child registered in the same family-register.
In the case of the preceding paragraph, if a new registered locality is established in a city, town or village where the former registered locality was existed, the provisions of Art.30, Par.2 shall not apply.
Article 132.　The provisions of Art.19, Par.1 and Art.99 of the new Law shall apply with the necessary modifications in case the former surname is resumed in accordance with the provisions of Art.12 of the Supplementary Provisions of the new Civil Code.
Article 133.　A person registered in the family-register mentioned in Art.128, Par.1 who has the spouse cannot separate from the present family-register unless in company with such spouse.
Article 134.　If an agreement determining as to who shall exercise the parental power has been arrived at in accordance with the provisions of the former part of Art.6, Par.2 of the Emergent Measures Law after coining into force of the Emergent Measures Law and before coming into force of the new Law, the parent having parental power shall give a notification to that effect, annexing a writing which proves such agreement, within ten days of the day of coming into force of the new Law. In this case, the provisions of Art.38, Par.1 proviso and Art.39 shall apply with the necessary modifications.
If a judgment mentioned in any of the latter part of Par.2 and Par.3 of Art.6 of the Emergent Measures Law has become final and conclusive after coming into force of the Emergent Measures Law and before coming into force of the new Law, the parent having parental power shall give a notification to that effect, annexing a copy of such judgment, within ten days of the day of coming into force of the new Law. The written notification of such matter shall state the date on which the judgment be came final and conclusive.
Article 135.　The provisions of Art.78 of the new Law shall apply with the necessary modifications to a person who wishes to determine the parent having parental power by agreement in accordance with the provisions of Art.14, Par.1 of the Supplementary Provisions of the new Civil Code.
The provisions of Art.63 of the new Law shall apply with the necessary modifications to the parent having parental power in cases where the judgment prescribed in any of Pars.2 and 3 of Art.14 of the Supplementary Provisions of the new Civil Code has become final and conclusive.
Article 136.　A person who is a supervisor of guardian at the time of coining into force of the new Law shall, within ten days of the coining into force of the new Law, give a notification prescribed in the provisions of Art.81 or 82 of the new Law which are applicable with the necessary modifications under Art.85 of the new Law.
Article 137.　If a notification of transfer of registered locality has been given with regard to family-register mentioned in Art.128, Par.1, the family-register shall be made up pursuant to the former family-register notwithstanding the provisions of the new Law.
Article 138.　The following laws and ordinances shall be abrogated:
Proclamation of Dajokan No.235 of 1872 (Ordinance concerning Alteration of Surname and Name);
Proclamation of Dajokan No.118 of 1873 (Ordinance concerning the Use of Character Applied to the Posthumous Name and Name of Past Emperors or Empresses);
Law No.4 of 1940 (Law concerning Notification of Census Registration by Means of Commission or by Mail);
Ministry of Justice Ordinance No.47 of 1945 (Ordinance concerning Notification of Birth, Death and Others under the Imperial Ordinance No.542 of 1945 concerning the Orders to be issued consequence of the acceptance of the Potsdam Declaration).
In respect of the commission of notification made before coming into force of this Law, the Law No.4 of 1940 shall remain effective. In this case the confirmation mentioned in Art.1, Par.1 of that Law shall be made by the Court of Domestic Relations.
The provisions of Art.119 of the new Law shall apply with the necessary modifications to confirmation mentioned in the preceding paragraph.
Article 139.　The Temporary Residence Law shall partially be amended as follows:
In Art.2, Par.2, "Arts.5 and 6" shall read "and Art.4" .
In Art.3, "an Imperial Ordinance" shall read "a Cabinet Order" .
In Art.4, Par.2, "five yen" shall read "two hundred yen" and in Par.2 of the same Article, "Art.179" shall read "Art.123" .
Article 140.　In application of provisions relating to administrative fine imposed against any act which has been done before coming into force of the present Law, the provisions hitherto in force shall be complied with.
Article 141.　With respect to a case of administrative fine which is pending a Court at the time of coming into force of the present Law, the provisions hitherto in force shall be complied with.
Article 142.　Before coming into force of Law concerning Establishment of Attorney-General, "the attorney-General" in Art.11 and Art.28, Par.1 of the present Law shall read "the Minister of Justice" .
Article 143.　Ths fees mentioned in Art.5, Par.2 may be levied according to the sum fixed by Cabinet Order before coming into force of the provisions of Art.3, Finance Law, Law No.34 of 1947.
Minister of Justice　SUZUKI Yoshio
Prime Minister　KATAYAMA Tetsu